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Questions Answered by Richard Sternberg
1 Answer | Asked in Municipal Law and Probate for Maryland on
Q: What type of deed is used in Maryland to transfer property from the treasurer to an individual? Is it a special warrant
Richard Sternberg
Richard Sternberg answered on Sep 20, 2021

There are three types of deeds in real property in Maryland: 1) General Warranty Deeds; 2) Special Warranty Deeds; and 3) Quitclaim Deeds. The first is rarely used in Maryland. It promises that the transferor's title was good from all claims before him. The second type merely warrants that the... Read more »

1 Answer | Asked in Estate Planning for Virginia on
Q: How do primary beneficiaries of an IRA work? What about secondary beneficiaries?

Wills and Estates

Richard Sternberg
Richard Sternberg answered on Sep 13, 2021

I have seen the terms use incorrectly before, so it is useful to have context, but the usual meaning go a primary beneficiary is the person, persons, or entities that are first in line to receive the proceeds upon the death of the grantor. A secondary or contingent beneficiary takes only if the... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Real estate contract with home inspection contingency addendum, but "for information purposes only"

I have a real estate contract where a buyer submitted an offer to buy my rental property. There is a home inspection contingency addendum, but the offer was written as "for information purposes only". Upon performing the inspection, there are some minor repairs required, and the buyers... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 13, 2021

It depends on what the clause says, doesn’t it? If the clause gave all the possible rights to walk away but the words “for information only” were added, we might say the information was to inform the walking away. If the walking away was eliminated, perhaps the default clause is in effect and... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Lunsford v. King 132 Ga. App. 749 (1974) 209 S.E.2d 27 I do not understand the case, please help.

I am trying to brief this case, but I do not understand it. I feel like I am not reading English.

Richard Sternberg
Richard Sternberg answered on Sep 6, 2021

So, you would like us to do your preparation for you? That will surely make you a valuable addition to someone's legal team some day ... if your professors or the bar don't catch up with you first.

Okay, I'm going to help, but not by giving you the answer. The case is short,...
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2 Answers | Asked in Probate and Real Estate Law for District of Columbia on
Q: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell
Richard Sternberg
Richard Sternberg answered on Sep 6, 2021

Query: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell?

Yes. In the District of Columbia, title passes on death to the estate, so the easiest way to confer title is by opening a. ADM private estate. There is a cute...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: what does the case means?

I do not understand the case. I have read it plenty of times. Please explain

Richard Sternberg
Richard Sternberg answered on Sep 5, 2021

Your question makes no sense: What case? In any event, this is what lawyers train to do. Retain one for a consult to review the case. An hour consult is not as daunting as a full retainer for litigation. Understand the decisions you are trying to make.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Will my earnest money deposit be refunded to me if I rescind an agreement of purchase for a new construction home?
Richard Sternberg
Richard Sternberg answered on Sep 3, 2021

The answer is in the contract. You need to read it. If you need help reading it, you should have a lawyer help you read it. Not all contracts say the same thing, and, if you don't know what you signed when you signed it, you can guess that the terms favor the other side who did read it.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: If my lease renewal was not the same as my original lease, without any notice, what can I do.

My lease renewal did not have any option to include or disinclude parking, which was included on my original lease. I received an email that my parking is being revoked and I now have to park 10 minutes away from apartment complex. I never received any notice of any changes to my lease prior to or... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 2, 2021

It might be a good idea to review the lease and the local L&T law in the context of the statutes, but you are probably within your rights to give notice that you will not be renewing and, if you are month-to-month or under the notice period provided by the lease or local law, stay under the old... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can a church open a brewery to raise funds to purchase land?

Greetings. We are trying to start a church and at present do not have enough funds to purchase land/property on which to worship. Are we able to open and operate a brewery for the purpose of raising these funds (and later supporting ourselves, to help alleviate the burden of donating from... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 24, 2021

hehe, Let me see if I get this. You want to open a tax-exempt Church of the Boozin' Bro's so you and the assembled spiritual can brew beer the way God intended it: tax-free. And, even though the Whiskey Rebellion started off this great nation right here in good ol' Virginny,... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: My sister is trying to sell her houses in PR. She hasn't stay in the house for almost 10 years and the houses was empty.

What are the % that she has to paid in taxes? They are asking 12 to 15% that sound a little bit too much to me. Apparently they asking this much because the house was empty and she never rented out.

Richard Sternberg
Richard Sternberg answered on Aug 23, 2021

You need to consult with a real estate lawyer in PR. They will know or be able to check the tax rates and the exceptions. Asking in another state is a waste of time.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Title company never told us about ROW's found during their search. Can we sue after we have closed on the property?

We purchased land in VA in Feb 2021. We chose a closing company and they did a title search. They told us that everything looked good and that we could close on the property. (to me that means that nothing was wrong with the property). After we started construction, one of the neighbors informed... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 19, 2021

First, if you closed with a title company instead of a lawyer representing you, you may lack privity with the title agent. The agent represents the insurance company not you, and I’m unaware of a concept of malpractice for agents. The agent has duties to all sides to complete the transaction... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Real Property going through Probate Subject to Tax Sale.

I am about to open an estate for my mother and found out her property was sold at a tax sale a week after her death. Am I still able to sell the home once I am appointed PR or will I have to redeem the property by paying off lien first?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer will depend on the jurisdiction and the terms of sale. Usually, a sale must be approved by the court before it is beyond redemption. In some jurisdictions, all that was sold was a tax certificate that entitles the buyer to a high interest rate. In any event, the death before the sale may... Read more »

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1 Answer | Asked in Real Estate Law for Virginia on
Q: What are the rights of a Home seller and their possessions still in the house after closing?

80% of my parents belongings are still in their house they just sold to their granddaughter. They don't have free access to it and were told to be out by the end of Aug. My parents are in their 70's. My dad is a Vet and receives disablity, has cancer and has 2 bad knees and back. My mom... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 9, 2021

This doesn't make much sense. They sold their home to their granddaughter and they are in it until the end of August but they don't have access to it. They are paying rent but there is no lease mentioned and they are living with you. I think you need a consultation to review the facts... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: can a reverse mortgage be sold/bought as a short sale to a family member/heirs ? house in estate of PA

reverse mortgage amount is higher than value of the house. house was appraised 110. Gift of equity 20.loan 90 with 20% down for my grandson. The mortgage company says that i still have to pay like 7000 closing costs.what about if I do a short sale to reverse mortgage and simultaneal sale to my... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 7, 2021

Short sales require the approval of the lender, which is obtained by convincing them it’s the best way to get the most money. Why would they agree to this deal? Why not take the house by foreclosure to cover their loan?

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1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Maryland on
Q: What type of lawyer specializes in home warranty cases? My builder is refusing to cover items in the 1-year warranty.
Richard Sternberg
Richard Sternberg answered on Aug 3, 2021

That’s just a litigator who practices in the county where the builder will be sued.

1 Answer | Asked in DUI / DWI, Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: What comes out in discovery during a lawsuit?
Richard Sternberg
Richard Sternberg answered on Aug 1, 2021

The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: What shall I do when my neighbor removed the surveyors stake between our properties?
Richard Sternberg
Richard Sternberg answered on Jul 31, 2021

You might check with both the surveyor, the land records office in the circuit court, or the police. Removal of a surveyor's stake is often a criminal act, though removal is often overlooked if it was out of ignorance, and the surveyor might return, re-place the stake, and send the bill to the... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: Balloon loan reached maturity in April. Investor wouldn't grant a modification. Refinance 3+ months with lendor.

Balloon Loan mortgage company taken over 3 months to refinance and has reported non payment since May to the credit bureaus. Do I have any recourse? This has destroyed my wife & I's credit score.

Richard Sternberg
Richard Sternberg answered on Jul 28, 2021

I join Mr. Oakley in not understanding why you didn't perform under the terms of the loan you took. Was there a contractual obligation of the refinancing lender to grant your loan? I've never seen anything that looks like that, and I have trouble imagining how that could exist in a world... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Can I evict holdover tenants in DC without waiting for 60 days after the moratorium?

My tenants are now considered holdover tenants and I want possession of property because I don’t want to rent any more and there are certain time lines for evictions in DC.

My understanding is 30 days wait/ 30 days notice to quit then eviction.

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Your understanding is incorrect. You are not at the same kind of risk if you give proper 30-day notice and then file suit. That will merely be dismissed. But, if you attempt self-help, you are at grave risk. Buy a consult with a lawyer. For starters, it's a 90-day notice. Next, if the property... Read more »

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